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Artificial Intelligence and industrial property: Technical and legal issues

Kottas Vasileios

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Summary

Originally, the intellectual property system is said to be “humanistic” (human-centered), it was designed both in the interest of inventors and inventions in order to provide them with sufficient protection and ultimately to encourage innovation. The emergence of AI today tends to raise many questions concerning, among other things, its legal framework. Indeed, following semi-autonomous action on its part generating a creation, the question of the associated intellectual property rights arises. The legal framework at national and European level is trying to adapt to the new situation and is perhaps inadequate to understand creations using AI, a situation which is rather problematic since the stakes that artificial intelligence represents are very important. Many reflections emerge: is it necessary to set up a special legal regime to protect these creations or is the existing one sufficient? The main obstacle seems to be the lack of clarity regarding the exact human input. Indeed, the difficulty lies in the fact of linking AI-based creations, not directly supervised by man, to physical persons. When AI is used as a simple tool to investigate a particular question, this does not pose any particular problem for the protection of such creations because they can be identified as result and benefit from ordinary IP protection. However, in the case where a creation has resulted from the use of an AI system independently of the original human input, even unexpectedly and serendipitously, identifying and awarding the appropriate IP Rights becomes more complicated.

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